Branding your business is essential to success. That's why finding the right name is so important. But even the best name is no good if someone else has it. Not only do you need to make sure you can claim a name before launching your business, but you'll want to be sure someone else doesn't have the same name--which is completely possible. Because different business types claim their names in different channels, your competitor could easily have the same name as you. You need to check if your desired name is available and make sure that no one else has it.

1

Visit your state's secretary of state or division of corporations website. Most states, including New York and Kansas, have online name databases you can use to see if another corporation. limited liability company, or limited liability partnership has claimed your proposed name.

2

Send a written inquiry if you are forming a corporation, LLC or LLP in a state such as California that doesn't offer an online directory. California requires a fee along with the inquiry.

3

Check with your county clerk, recorder or registrar's office to see if anyone has claimed your name as a fictitious or assumed business name. Counties usually offer name registries online and free of charge.

If you are a proprietor or a partnership, you must do this since you too will need to claim your business name as a fictitious business name. Corporations, LLCs and LLPs organize through states, not counties, so checking for availability at the state level is all that is required. However, you may still want to check with your county for businesses with the same name to prevent anyone confusing you with a competitor.

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4

Visit the online registries of surrounding counties, or contact them, to check their name databases. Proprietors and partnerships planning multiple sites or to do business in multiple counties usually need to register their fictitious business names in each county in which they operate. In some states, such as Illinois, they must register in every county in which they transact business, even if they don't have a physical presence in the county.

5

Check the name registries of other states' secretary of state offices if you are concerned about competition with the same name. People often incorporate in other states than the ones in which they do business and operate. Corporations can also do interstate business. So, just because your state has a name available doesn't mean another corporation, LLC or LLP doesn't do business in your market under the same name.

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About the Author

Eric Feigenbaum started his career in print journalism, becoming editor-in-chief of "The Daily" of the University of Washington during college and afterward working at two major newspapers. He later did many print and Web projects including re-brandings for major companies and catalog production.